Record of Determination for Temporary Partial Closure of the parking lot at Fort Marcy during Construction

W22 GWMP, Fort Marcy Closure Order # 22-009

Pursuant to 36 CFR Section 1.5, the National Park Service is imposing a temporary partial closure of the parking lot at Fort Marcy as a part of the project to rehabilitate the north section of the George Washington Memorial Parkway. The dates of the closure are October 12, 2022, until further notice. It is expected that construction will be complete by December 31, 2025. Unauthorized entry or activity is prohibited in this area while it is closed.

The temporary closure is not of a nature, magnitude and duration that will result in significant alteration to the public use pattern, insofar as these construction activities are necessary for the rehabilitation of the north section of the George Washington Memorial Parkway. The project will improve the driving experience, safety, and water drainage while retaining and reviving the historic beauty and significance of the parkway. The parking lot at Fort Marcy will provide vital staging resources for the contractor to effectively manage and complete the rehabilitation project.

Consistent with NPS regulations, persons wishing to demonstrate may continue to use the remaining open park areas. Fences and signage, traffic cones and other barriers will mark closed area.

Given the safety and security protections necessary in the closed area for such construction and associated activities, less restrictive measures will not suffice. The closure will not adversely affect the park’s natural, aesthetic, or cultural values. The closure does not require significant modification to the resource management objectives and are not of a highly controversial nature.

Nothing in this order is intended to prevent the National Park Service, its employees, volunteers, partners, contractors, subcontractors or designees from access and fulfilling their administrative duties and responsibilities.

Accordingly, the National Park Service determines publication as rulemaking in the Federal Register is unwarranted under 36 C.F.R. § 1.5(c). This closure is consistent with hundreds of earlier partial and temporary park closures or public use limitations, the legal opinion of the Office of the Solicitor, and judicial adjudications. Mahoney v. Norton, No. 02-1715 (D.D.C. August 29, 2002), plaintiff’s emergency motion for injunction pending appeal denied Mahoney v. Norton, No. 02-5275 (D.C. Cir. September 9, 2002) (per curiam); Picciotto v. United States, No. 99-2113 (D.D.C. August 6, 1999); Picciotto v. United States, No. 94-1935 (D.D.C. September 9, 1994); Picciotto v. Lujan, No. 90-1261 (D.D.C. May 30, 1990); Picciotto v. Hodel, No. 87‑3290 (D.D.C. January 26, 1988); Spiegel v. Babbitt, 855 F.Supp. 402 (D.D.C. 1994), aff'd in part w/o op. 56 F.3d 1531 (D.C. Cir. 1995), reported in full, 1995 US App. Lexis 15200 (D.C. Cir. May 31, 1995).

This order is effective on October 12, 2022, and will remain in effect until further notice. Pursuant to 36 CFR Section 1.7, notice of this temporary closure will be made through media advisories, fencing and posting of signs at conspicuous locations in the affected park area. Finally, pursuant to 36 CFR Section (1.5), this determination is available to the public upon request.

Approval: Charles Cuvelier, Superintendent
Date: October 12, 2022

Last updated: October 12, 2022

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